By Cyrus D. Mehta and Kaitlyn Box*
The recent reelection of Donald Trump is likely to usher in a new era of enhanced immigration scrutiny and enforcement. This shift raises a number of ethical questions and concerns for immigration lawyers. One such issue is whether immigration lawyers would be required to provide law enforcement or
The Insightful Immigration Blog
Commentaries on Immigration Policy, Cases, and Trends
Blog Authors
Latest from The Insightful Immigration Blog
Biden’s Last and Best Gift to Legal Immigrants: Advancing the Filing Dates in the 2025 January Visa Bulletin to Current
Donald Trump’s recent reelection has sparked fears that restrictionist immigration policies will abound come January 20, 2025 onwards. During the time that remains of his presidency, President Biden can still act to safeguard the immigration system and implement policies that support and benefit immigrants through executive action. Cyrus Mehta has long advocated for one such…
Saving America by Defending Clients Against Trump’s Immigration Policies
By Cyrus Mehta
By Cyrus D. Mehta and Kaitlyn Box*
On November 5, 2024, Donald Trump was once again elected president. Although Trump’s campaign has been marked by anti-immigrant rhetoric, some hope that a second Trump administration will prove favorable to employment-based immigration. Trump once promised to “staple a green card to every diploma” of graduates of U.S.…
State Department’s Interpretation of Matter of Arrabally and Yerrabelly at Odds with BIA’s
By Cyrus Mehta
By Cyrus D. Mehta and Kaitlyn Box*
In a previous blog, we analyzed Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012), a seminal Board of Immigration Appeals case which held that a departure under advance parole does not trigger the 10 year bar provision under § 212(a)(9)(B)(i)(I). The BIA reasoned…
USCIS’ Change in CSPA Policy Can Help Aged Out Children Who Missed Out During the October 2020 Visa Bulletin EB-3 Advance for India
By Cyrus Mehta
By Cyrus D. Mehta and Kaitlyn Box
On September 25, 2024, USCIS announced that it had updated guidance in the USCIS Policy Manual Child Status Protection Act (CSPA) age for noncitizens who demonstrate extraordinary circumstances. The new guidance:
“Clarifies that the CSPA age calculation of an applicant who established extraordinary circumstances and is excused…
Making the Case of the Manager under the L-1A Visa Whose Subordinates are AI Bots
By Cyrus Mehta
When the Administrative Appeals Office (AAO) designated Matter of Z-A- Inc. as an “Adopted Decision” in 2016 it was seen as a breakthrough as it recognized that a US company can rely on its resources outside the United States to produce products or provide services. Matter of Z-A-, Inc. held that an L-1A intracompany manager…
While the Dogs and Cats of Springfield, OH Are Safe, the Haitian immigrants Are Not
By Cyrus Mehta
By Cyrus D. Mehta and Kaitlyn Box*
This past week, Trump and J.D. Vance have gone viral for some particularly bizarre rhetoric, alleging that Haitian immigrants in Springfield, Ohio were eating people’s pets. On September 9, 2024, J.D. Vance posted on X: “Months ago, I raised the issue of Haitian illegal immigrants draining social services…
237(a)(1)(H) Waiver After Denial of Naturalization Application?
By Cyrus Mehta
By Cyrus D. Mehta
At the naturalization interview the noncitizen applicant could face a rude shock if the examiner reveals that they made a misrepresentation in a long forgotten application for an immigration benefit filed in the distant past.
For example, the applicant could have been misled by an unauthorized practitioner when she first came…
Parole in Place – A Means to an End or An End in Itself?
By Cyrus Mehta
By Cyrus D. Mehta and Kaitlyn Box*
On June 18, 2024, President Biden announced new measures aimed at ensuring that “U.S. citizens with noncitizen spouses and children can keep their families together”. One of these measures provides a discretionary grant of parole in place (“PIP”) to individuals who: are present in the United States without…
The Perils of Claiming the Foreign Earned Income Exclusion When Sponsoring an Immigrant on an Affidavit of Support
By Cyrus Mehta
By Cyrus D. Mehta and Kaitlyn Box*
Although most U.S. citizens and lawful permanent residents must pay U.S. taxes on their worldwide income, the foreign earned inclusion exclusion (“FEIE”) allows some U.S. citizens and residents to exempt income earned outside the country from U.S. taxes. In order to avail of the FEIE, the taxpayer must…